AG Sessions Confirms DACA Program Is Being Rescinded, Obama Administration "Disrespected Legal Process"

Tyler Durden's picture

Update: Attorney General Jeff Sessions announces DACA program is being rescinded... "the previous adminstration disrespected the legal process"

 

Sessions' full statement:

Good morning. I am here today to announce that the program known as DACA that was effectuated under the Obama Administration is being rescinded.

 

The DACA program was implemented in 2012 and essentially provided a legal status for recipients for a renewable two-year term, work authorization and other benefits, including participation in the social security program, to 800,000 mostly-adult illegal aliens.

 

This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens.

 

In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.

 

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

 

We inherited from our Founders—and have advanced—an unsurpassed legal heritage, which is the foundation of our freedom, safety, and prosperity.

 

As the Attorney General, it is my duty to ensure that the laws of the United States are enforced and that the Constitutional order is upheld.

 

No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law. Societies where the rule of law is treasured are societies that tend to flourish and succeed.

 

Societies where the rule of law is subject to political whims and personal biases tend to become societies afflicted by corruption, poverty, and human suffering.

 

To have a lawful system of immigration that serves the national interest, we cannot admit everyone who would like to come here. That is an open border policy and the American people have rightly rejected it.

 

Therefore, the nation must set and enforce a limit on how many immigrants we admit each year and that means all can not be accepted.

 

This does not mean they are bad people or that our nation disrespects or demeans them in any way. It means we are properly enforcing our laws as Congress has passed them.

 

It is with these principles and duties in mind, and in light of imminent litigation, that we reviewed the Obama Administration’s DACA policy.

 

Our collective wisdom is that the policy is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the DAPA program, which was enjoined on a nationwide basis in a decision affirmed by the Fifth Circuit.

 

The Fifth Circuit specifically concluded that DACA had not been implemented in a fashion that allowed sufficient discretion, and that DAPA was “foreclosed by Congress’s careful plan.”

 

In other words, it was inconsistent with the Constitution’s separation of powers. That decision was affirmed by the Supreme Court by an equally divided vote.

 

If we were to keep the Obama Administration’s executive amnesty policy, the likeliest outcome is that it would be enjoined just as was DAPA. The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program.

 

Acting Secretary Duke has chosen, appropriately, to initiate a wind down process. This will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

 

Simply put, if we are to further our goal of strengthening the constitutional order and the rule of law in America, the Department of Justice cannot defend this type of overreach.

 

George Washington University Law School Professor Jonathan Turley in testimony before the House Judiciary Committee was clear about the enormous constitutional infirmities raised by these policies.

 

He said: “In ordering this blanket exception, President Obama was nullifying part of a law that he simply disagreed with.….If a president can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense…The circumvention of the legislative process not only undermines the authority of this branch but destabilizes the tripartite system as a whole.”

 

Ending the previous Administration’s disrespect for the legislative process is an important first step. All immigration policies should serve the interests of the people of the United States—lawful immigrant and native born alike.

 

Congress should carefully and thoughtfully pursue the types of reforms that are right for the American people. Our nation is comprised of good and decent people who want their government’s leaders to fulfill their promises and advance an immigration policy that serves the national interest.

 

We are a people of compassion and we are a people of law. But there is nothing compassionate about the failure to enforce immigration laws.

 

Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism.

 

The compassionate thing is to end the lawlessness, enforce our laws, and, if Congress chooses to make changes to those laws, to do so through the process set forth by our Founders in a way that advances the interest of the nation.

 

That is what the President has promised to do and has delivered to the American people.

 

Under President Trump’s leadership, this administration has made great progress in the last few months toward establishing a lawful and constitutional immigration system. This makes us safer and more secure.

 

It will further economically the lives of millions who are struggling. And it will enable our country to more effectively teach new immigrants about our system of government and assimilate them to the cultural understandings that support it.

 

The substantial progress in reducing illegal immigration at our border seen in recent months is almost entirely the product of the leadership of President Trump and his inspired federal immigration officers. But the problem is not solved. And without more action, we could see illegality rise again rather than be eliminated.

 

As a candidate, and now in office, President Trump has offered specific ideas and legislative solutions that will protect American workers, increase wages and salaries, defend our national security, ensure the public safety, and increase the general well-being of the American people.

 

He has worked closely with many members of Congress, including in the introduction of the RAISE Act, which would produce enormous benefits for our country. This is how our democratic process works.

 

There are many powerful interest groups in this country and every one of them has a constitutional right to advocate their views and represent whomever they choose.

 

But the Department of Justice does not represent any narrow interest or any subset of the American people. We represent all of the American people and protect the integrity of our Constitution. That is our charge.

 

We at Department of Justice are proud and honored to work to advance this vision for America and to do our best each day to ensure the safety and security of the American people.

 

Thank you.

Responses have already started. Some supportive of the decision:

  • *RYAN SAYS OBAMA DREAMER PROGRAM WAS `CLEAR ABUSE' OF AUTHORITY
  • *RYAN SAYS HOPES TO FIND `PERMANENT' SOLUTION FOR DREAMERS

Others not so much...

It would appear Mark Zuckerberg will be running in 2020...

This is a sad day for our country. The decision to end DACA is not just wrong. It is particularly cruel to offer young people the American Dream, encourage them to come out of the shadows and trust our government, and then punish them for it.

 

The young people covered by DACA are our friends and neighbors. They contribute to our communities and to the economy. I've gotten to know some Dreamers over the past few years, and I've always been impressed by their strength and sense of purpose. They don't deserve to live in fear.

 

DACA protects 800,000 Dreamers -- young people brought to this country by their parents. Six months from today, new DACA recipients will start to lose their ability to work legally and will risk immediate deportation every day.

 

It's time for Congress to act to pass the bipartisan Dream Act or another legislative solution that gives Dreamers a pathway to citizenship. For years, leaders from both parties have been talking about protecting Dreamers. Now it's time to back those words up with action. Show us that you can lead. No bill is perfect, but inaction now is unacceptable.

 

Our team at FWD.us has been working alongside Dreamers in this fight, and we'll be doing even more in the weeks ahead to make sure Dreamers have the protections they deserve.

 

If you live in the US, call your members of Congress and tell them to do the right thing. We have always been a nation of immigrants, and immigrants have always made our nation stronger. You can learn more and get connected at Dreamers.FWD.us.

AFL-CIO President Richard Trumka made the following statement on today’s announcement that the Trump administration will terminate the Deferred Action for Childhood Arrivals program:

President Donald Trump’s move to terminate DACA and strip work authorization away from 800,000 productive members of our society is cruel and wrong.

 

Ending DACA will increase the pool of vulnerable workers in our country and embolden employers to retaliate against working men and women who dare to organize on the job or speak out against abusive working conditions. This indefensible act will make our workplaces less fair and less safe and will undermine our freedom to join together and fight to raise wages and standards.

 

This direct attack on union members and union values only strengthens our resolve to overcome racial divisions and demand changes to a system rigged to benefit the wealthiest and corporations. The eyes of history are upon us. The labor movement will stand with these brave young workers and fight for legislation so that the contributions they make are celebrated, rather than assaulted. We will push for a pathway to citizenship and continue to oppose enforcement policies that discriminate and generate fear in our workplaces and communities.

 

We will not give up the struggle until all working people have rights on the job, regardless of where they were born.

*  *  *

As we detailed earlier, with the fate of reportedly 100s of 1000s of DREAMers lieing in the balance, Attorney General Jeff Sessions is set to hold a briefing related to Deferreed Action for Childhood Arrivals (DACA) program this morning.

According to Axios, Sessions will announce the Trump administration is ending DACA, the Obama-era program to shield some illegal immigrants, who arrived in the U.S. as children, from deportation. In an accompanying press release, the Department of Homeland Security's Acting Secretary, Elaine Duke, will say that no people currently on DACA "will be impacted before March 5, 2018, nearly six months from now, so Congress can have time to deliver on appropriate legislative solutions." "However," says Duke, "I want to be clear that no new initial requests or associated applications filed after today will be acted on."

Sessions will not be taking questions following the briefing, so we will just have to wait for a tweet from the president for any color.

Of course, all eyes wil be on President Obama's Facebook page as he is expected to be 'triggered' by what is likely to be the end of the Obama-era program that grants work permits to illegal immigrants who arrived in this country illegally with their lawbreaking parents or guardians.

Politico reported:

Obama’s current plan is to post a statement on Facebook and link to it on Twitter, where the former president has more than 94 million followers. In his final presidential press availability, he suggested that he would speak out if Trump went after the Dreamers — and that it was one of the few issues where he would feel morally compelled to do so. He said he would not remain silent in the face of “efforts to round up kids who have grown up here and for all practical purposes are American kids, and send them someplace else, when they love this country.”

President Trump campaigned on ending DACA so his base is counting on him keeping this campaign promise.

Axios obtained the DHS press release and revealed its details as per below:

  • According to the DHS release, "yesterday, Attorney General Sessions sent a letter to Acting Secretary Duke articulating his legal determination that DACA 'was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress' repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.'
  • "The letter further stated that because DACA 'has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.'
  • "Nevertheless, in light of the administrative complexities associated with ending the program, he recommended that the Department wind down the program in an efficient and orderly fashion, and his office has reviewed the terms on which the Department will do so.
  • "Based on guidance from Attorney General Sessions, and the likely result of potentially imminent litigation, Acting Secretary Elaine Duke today issued a memo formally rescinding the June 15, 2012 memorandum that created DACA, and initiating an orderly wind down of the program."

 

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JoeTurner's picture

The wall is about to get 20 feet taller !

Creepy_Azz_Crackaah's picture

"No human being is illegal" = "No laws can ever be broken."

Fucktard. Go back to your mom's basement.

The_Juggernaut's picture

Not our fault that Mexico is such a corrupt shithole.

BlindMonkey's picture

Well, it actually is partially the fault of the US due to the War on Drugs.

Paul Kersey's picture

Sessions keeps mentioning the "rule of law". If he gave a shit about the rule of law, the National Defense Authorization Act (NDAA) would also be rescinded, and TBTF banksters would be in prison, rather than in the Trump Administration (as they were in the Obama, Bush, and Clinton Administrations before that).

Paul Kersey's picture

"Dreamers" who become citizens, most likely become Democrats.

MillionDollarButter's picture

Make Mexico China Again!  We should reduce the destruction that will result from halting trade with China by letting Mexico take up some of the slack.  We would bring repatriated Mexicans jobs and would stop supporting an antagonistic power.

NoDebt's picture

Dick Trumka?  That asshole is shafting his own people.  He's supposed to be PROTECTING his union members AGAINST things like unfettered immigration that drives wages down.

I'm no fan of unions, but I gotta tell you, Trumka does NOT speak for a large number of his membership.  He's working AGAINST his own membership's self-interest USING THEIR OWN MONEY (union dues).

 

Big Creek Rising's picture

Trumka is working against the historical membership of skilled craftsmen that actually made things. Now the two largest unions in the US are the teachers union and Service Employees International.  SEIU is by far the fastest growing and currently has about 2 million members and a shit ton of them are criminal aliens.

Trumka is a tool from way back, but these SEIU types are a unique hybrid of antifa, totalitarian socialists and genetically deficient sub-human primates.

The_Juggernaut's picture

I got a big surprise yesterday on facebook.  Of of my Hispanic lib acquaintances posted a link to an article about Mexico's  president talking about suing the US for the "return" of western lands or financial compensation.  The shocking thing was the vast majority, I mean over 90% of Spanish speaking commenters, repeatedly stated that any financial compensation would end up in the pockets of the corrupt Mexican politicians, and the land was better off in the US where it wouldn't get polluted to high hell and there is at least some semblance of rule of law.  Totally not what I expected to see.  No wonder these sorry fucks don't want to go back.

sincerely_yours's picture

Disrespected the LEGAL PROCESS?

O you mean the process where white men came and took America from the Indians, and now are trying to stop other people from joining in?

That legal process?

psychobilly's picture

America the country didn't even exist until it was created by Europeans. And nobody "owned" the continent itself prior to that in any legal sense. That's why it was referred to as a frontier and the Europeans who eventually went on to create the country America were referred to as settlers. The vast majority of the land at that point wasn't settled by anyone.

Also, the mongoloids who immigrated from Asia over the Bering Land Bridge to become what simple-minded parrots like you refer to as "Native Americans", were not even the first to settle on the continent. That history has been in the process of being rewritten for some time.

It's not like "the Indians" were some monolithic group of noble, peaceful savages. They were violent, competing tribes who were ruthlessly engaged in displacing, genociding, sacrificing and eating each other, and had been long before Columbus arrived on the scene. Quite barbaric in their own right, they delighted in acts such as gruesome forms of torture and stabbing pregnant women in the bellies. Nevertheless, the vast majority were wiped out via disease, not warfare with European settlers and colonists... a competition they were destined to lose seeing as they were a stone-age people.

These idiotic, shitlib tropes that attempt to shame those of European ancestry, and only those of European ancestry, for historical activities that every race, ethnicity and culture that has ever existed has engaged in at one time or another, couldn't possibly be more dishonest. In the case of white people themselves engaged in the self-flagellation, it's actually grotesque and pathological. They should do the rest of us a favor and kill themselves.

IntTheLight's picture

Are you suggesting we start attacking the illegals as they are trying to conquer America? That might be fun.

Kevin Trader's picture

For every time they sue, we shoudl simply push our wall adn border 1 mile south

cheech_wizard's picture

I felt that way about the oil fields in Iraq...

 

Seeing Red's picture

Wow -- that's interesting -- thanks!

HockeyFool's picture

That is the first thing I thought. Shouldn't that assclown be in favor of tossing these illegal aliens out of the country? It will mean more jobs for Americans.

you_are_cleared_hot's picture

Gotta love those forced union dues...my wife is a school teacher...$800 every year out of her pay. Well, at least those union presidents can go on all expenses paid conferences and trips (sarc off)

curbjob's picture

She should relocate to Alabama where there are no teachers unions.

 

 

... on second thoughts

EuroPox's picture

Excellent news for more than one reason - the Kushners were opposed to this and Trump has gone against them.

farflungstar's picture

Import them from socialist 3rd world shitholes and many will vote to change things to the shitholes they ran from. 

Got The Wrong No's picture

Dreamers already vote Democrat, Obama said that no one would stop them. 

Hillary is still claiming to have won the election with the popular vote. 

Mustafa Kemal's picture

"Sessions keeps mentioning the "rule of law"."

Sessions began his AG career with perjury

estebanDido's picture

With a little help of the usa. (Well more than a little)

godiva chocolate's picture

They are not illegal because they are human... rather they are illegal for behavior they do.

TheSilentMajority's picture

Anchor-babies still ok Trump?????

ejmoosa's picture

What took so long?

SoDamnMad's picture

I coulld have sworn Sessionshad died a couple months ago.

The Cooler King's picture

You're mixing him up with 'Snoozy' from Snow White & the 7 Dwarfs

The_Juggernaut's picture

Sure gonna miss ya!  Not.

TuPhat's picture

Let them keep dreaming, just send them back to their own country.

Antifaschistische's picture

NAILED IN TUPHAT!!   What is wrong with dreaming of India becoming a decent country....the answer CANNOT be that 6 billion people need to come to America!!!!  The answer MUST be that people take responsibility for their own islands!!!

The answer needs to include having people come teach you how to live and how to build and make things better.  (i.e. colonized, but not dictated...)  but colonization has become a bad word (e.g. South Africa) so let's KICK OUT all the people that have helped make some of these countries great...and just revert to tribalism.

the whole world is going mad.

cheech_wizard's picture

https://www.law.cornell.edu/uscode/text/8/1324a

After Tim Cook admitted on Twitter that he currently employs 250 DACA illegal immigrants, I just want to know two things.

When is he going to jail?, and how large will the fine be...

 

 

Kidbuck's picture

Leftist faggots are always for importing shit loads of handsome, innocent, exotic young boys and men. Obama and Cook are prime examples. What other proclivities might they share?

onewayticket2's picture

in 6 mos, there will be another 3-6 month extension. 

BandGap's picture

Nope, no time frame given. In fact, Sessions said that DHS is gearing up to immediately, and humanely, start enforcing the law.

Cannot have a president circumventing a law he/she doesn't agree with. It's the law.

This administration is requiring that Congress act immediately.

onewayticket2's picture

wait, so the media got it wrong in advance??

Uncertain T's picture

Sessions says that there will be a "wind-down" period ... doesn't specify how long, but 6 months would seem reasonable.

BandGap's picture

This and the H1B visa chokehold are both positive steps.

Take back our border, put America first.

gatorengineer's picture

They have yet to do anything about h1bs.  That is the real problem.  This is just a side show.  They won't go home and we won't deport em.

But Ryano will rescue them

pitz's picture

Yup, H-1B visa needs to be cancelled so US Citizen STEM workers can get back to work.  If Zuckerberg needs foreign nationals, the O-1 visa is available.

south40_dreams's picture

Sessions is ripping obama a new one. Bwahaha!

TheLastTrump's picture

Oh, I thought Jeff Sessions never did anything? You fucking anti everything Trump cretins.

 

The man is fierce as a hot poker on illegal immigration & has personally helped reduce border crossings by as much as 70% y/y.

 

You think putting together an ironclad case against an elite can be done overnight?

 

All the while 1/2 of the FBI & intelligence apparatus is fighting AGAINST the facts coming out & people like Lynch, Holder, Hilary & Obama getting indicted. By fighting, I mean disappearing crucial evidence of criminality.

farflungstar's picture

The caterwauling on the Left over this issue is yuge. I personally don't understand why they act like they give a shit so much.

I imagine overweight cat ladies who never had children of their own being most vocal.

sheikurbootie's picture

Next monetary fines for employers.

E-verify or YUGE FINE!

debunker's picture

Curious to see how many of your kids are going to take all of the tough service jobs left behind: hotel maid/laundry, dishwashers, fruit pickers, gardeners, food processing, slaughterhouses, tailors, dressmakers, stucco masons...